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Constitutional Rights at school?
I find it quite odd that at schools here in America where students learn about the constitutional rights, like the right of free speech and the right to no unresonable search and seizure, that these rules are bent and broken by the administration to the point where they are essentially nul and void.
An example is that I rescently discovered that my boarding school uses a program called "AIM sniffer" to log the AIM messages of all the students on our intranet (both incoming and outgoing). This is a clear violation of both the first and fourth amendments, and even thought cases like this have been brought to court, it still persists. Another one is the locker inspections that sometimes occur at high schools, where even if there is basis for the search. While this can catch potential crimes or other actions, what about those innocent students who are just bystanders? I want to know what is the opinion of the CD community on this issue (yes i know it had nothing to do with robotics, but i feel it is a resonable question concidering how many of us are or were students at one time). |
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First of all, the chit chat thread is precisely that: you can discuss whatever you desire :). We've had a lot of stuff here in the past few months weeks whatever, much of it not pertaining directly to robotics. Thanks for bringing up this issue.
My school also has rules on locker searches. The question is what is more illegal: bringing a gun to school, or getting a locker searched? You'd think it's common sense not to bring a gun, but some people won't realize that. The same may apply to drugs and other paraphanalia (spelling?). As far as the AIM sniffer goes, you may want to check on your school policy, and the stuff you and your parents probably signed at the beginning of the year. Since I know you go to a school where you also live, it may be legal to monitor AIM. However, the way you describe it seems a bit extreme. If you signed it in the school policy, you're pretty much stuck. I think the locker issue is acceptable as far as searching goes, but only with a warrant/permission. I feel it should be just like searching someone's house or car: you need a warrant to arrest or catch them on anything. I feel that random locker searches are inappropriate, because well, I just don't feel comfortable knowing that they had no reason to go but just want to get me or someone else for something. And yes, I read my highschool handbook. :) |
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My school rulebook specifically bans ninja stars and nunchaku.
As far as the locker searches go, I dont think its a massive inconvience for them to search a locker, especially since, if you've got nothing in there that is illegal, you wont get in trouble, and they aren't going to ruin your day by checking. At least, I hope not. :-p Genia pretty much said it with the Aim sniffer. |
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The big SCotUS case in this matter is New Jersey v. T.L.O. (1985). The key idea in the decision is that school officials may conduct searches under "reasonable suspicion", which is considerably less than the "probable cause" needed by police in other situations.
Random locker searches are allowed due to some slick maneuvering in that they are claimed to prevent rules violations rather than catch offenders. In Zamora v. Pomeroy, it was deemed legal for drug sniffing dogs to sniff around lockers and cars to not be considered a "search". However, if the dog detected anything, that provided the necessary "reasonable suspicion" for a search. As far as the AIM sniffer, there are several different ways to use public key encryption over AIM, which would solve your immediate privacy concerns. |
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With the lockers, I don't see any problems. You are using their property. If you don't like it, you don't have to have a locker.
About AIM, I have to go to class so I don't have enough time to write everything. :) |
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Overall, I am a big advocate for personal rights that are given in the Constitution. I could ramble on about personal rights, but I will try to keep this thread on topic. |
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And the AIM sniffer may well be allowable. After all, it is their network.
Of course, if I ruled the world the students would know full and well that all AIM conversations on the school's network can be logged and published publicly. A 21st-century version of the "all notes passed in class can be read" On the flip side, there is a simple solution--don't use AIM. <Edit>And by the way, that raid was in South Carolina. Goose Creek High, IIRC.</edit> |
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In California certain constitutional rights are forfeited the minute you step on school campus. Mainly the ones you already mentioned.
It's the school's job to keep you safe. That's been deemed important enough for you to sacrifice those rights. I'm against things like the Patriot Act, but I really don't see the problem here. What do you have in your locker and/or car that you don't want to see? If you don't have anything allowed, what's the problem? Now what does get me pretty hacked is when people get expelled for things like having been "caught" with a pocketknife, multi-tool, etc in their cars, on school campus. Things like that are an example of not using common sense to interpret rules. And on the network issue, you're using their network, it's a private network, and they determine the rules. Just like you have freedom of speech, but you can't just start cursing everyone out here on ChiefDelphi, because it's ran by a group of individuals that make their own rules. Rules which very well may impair your freedom of speech, but that's just too bad. Also, this is almost backwards thinking, but that raid could have had a beneficial effect--Who in their right mind is going to bring a gun or weapon on campus after they just had the SWAT team storm the school and hold them at gunpoint? :ahh: Maybe if people actually respected(some) laws and rules, we wouldn't even be having this discussion $0.02 |
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I've seen discussions like this before and I'm just going to state what I think about these topics.
I think the school has every right to search "THEIR" lockers, with "their" being the key term. People always argue that the lockers tend to be their own personal property/space but you have to remember that the school owns the locker, not you. It is also your choice to use their locker in most situations, so if you have something to hide, hide it somewhere else. I've never heard of schools using any type of "AIM Sniffer" but they also discouraged the use of any chat programs at my high school. I would also have to agree that the school has the right to log your conversations since it is "their" network. Anyways, this is just my personal opinion and I would not have had any problem if my old high school wanted to search my locker or log my conversations or monitor what websites I looked at or anything similar to this. |
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Our school uses the drug dogs to search the lockers and the parking lots of our school. Not only that they try to cover it up by saying there is an "intruder drill" which made all of the students sit on the floor and stay low with the lights out and no one could leave. We sat there for at least 2 hours, which was useless because they found nothing.
But if the dogs did detect something in a locker then the admin would have probable cause and then could search the locker without consent, the same with the vehicles outside. I think |
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Just a little addition:
Being on your school's network, its not just a "Its my network and I can do what I want with it". You also have to remember that on whatever network you are connected too, something leads back to your provider. While not the same thing with companies providing internet service, if say, your school gave you access through their network and unknowingly allowed you to post "hateful" (You know what I mean) things, it could(however unlikely) be misunderstood as their support for whatever you said. Kinda covering their butt thing :-p Important about those locker and/or car searches is that the school isn't just looking to bust someone, they're looking out for however many students could be affected if one did have something dangerous on campus. In my own arguments pre-emptive defence, the difference between this and, say, searching your house, is there are only so many "personal" things you could possibly have in your locker, compared to your home. :-p *edit* Humorous note: A drug dog once dug into a girl's bag, only to eat her peanutbutter and jelly sandwich :D |
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Back in MY day (1995), when I was a young whippersnapper, we didn't even HAVE Internet access at my high school in my podunk farmer town of Kinsman, OH! I often wonder why schools permit the use of such chat tools during school hours. I think learning, listening to the teacher, taking notes in class, studying during downtime, and doing my homework are all activities that should supersede chatting with my friends, sending email, taking naps, or (gasp!) browsing ChiefDelphi during school hours. AIM access is not something school districts are obligated to provide their students. I'd feel fortunate that your school even allows you to use AIM in the first place and deal with whatever restrictions they place upon the use of the software. And yes, the school owns the lockers, so I feel they have the right to search them if they have reasonable cause to do so. Random searches seem a bit pointless, and I do think making kids lie down on the ground at police gunpoint is extremely uncalled for, however. |
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Ok, so in Virginia you can have an unloaded gun, in a rack, in your car.
How many people with guns in their cars (outside of Texas) have gun racks, and keep their guns in it unloaded? How many students, for that matter? Odds are if a student gets caught with a gun, they're going to have a pistol sitting in their glovebox or something. And it's probably loaded. For all practical purposes, you can't legally bring a gun to school in any state. And while we're on the topic, that's absolutely ABSURD that you can even have a gun in a rack in your car, unloaded or not. Johnny pisses you off in English class, and you go to your car during break, grab your unloaded gun... and what do you do? proceed to load it and go shoot Johnny. Yes an extreme case, but guns have ABSOLUTELY NO BUSINESS at schools unless it's in the holster of a police officer |
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It's their lockers, their internet, their parking lot, their property. Don't they have the right to know what is happening on their property? |
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I beg to differ, there have been times where I will park off of school grounds and have a rifle or shotgun in the back of the car so I can go hunting right after school instead of driving 30 miles home, or so I could hunt on the way home. They may have their rules but there are ways to follow the rules and get your way. Remember the 2nd amendment used to be a safeguard against tyranny, do not forget it.
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Is this a boarding school? |
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Slight tangent: a few years ago, there was a large mock trial with a lot of Rhode Island schools involved on this topic. Using every aspect of the law (mostly at the state level), the results were quite simple: lockers are school property, and thusly anything in them can be searched (for the record, I just found it easier to carry everything with me). However, backpacks are not school property. While on the person, they are personal property, and would need a warrant from a judge to search via the fourth ammendment (note that this changes once they enter the locker). Same with cars, though public highway laws still apply in the parking lot. Just a small FYI from my corner of the country. |
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New Jersey vs. TLO |
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IMHO - if you go to a school - they may do what ever they want RELATING to what you do IN school and any of your property while in the school's boundaries.
Look at the Detroit school I went to for a few years - you where sent through a metal detector and patted down and than they would search any bags/books/ect. even before you entered the school. Personally - I'm all for it... (This was during Jr. High also) (On males/females that has had a violent past they would request strip searches periodically) |
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You have none...
Bethel School District #403 v. Fraser Hazelwood School District v. Kuhlmeier New Jersey v. T.L.O. But other good reads, not all against your rights, but they define them... Board of Education of Westside Community Schools v. Mergens West Virginia Board of Education v. Barnette Tinker v. Des Moines School District |
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well, the lockers are the school property and the AIM is being used through the school network, im sorry to say that everything seems to be legal. I still dont think the aim sniffer is right because i actually feel safer talking on aim than i do in the lunchroom at school. if aim is 'tainted' at ur school, how are going to be able to have a private conversation? unfortunatly, i can see a side for the school. they probably just have the sniffer set to keywords like 'drugs' and so on. you chat may be recorded, but as long as it doesnt contain words like that you should be fine. if u need to, there probably is an encryption software for aim.
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A few comments to this thread:
My old high school, where my brother attends, recently disallowed students wearing hoodies of any sort, stating that firearms and drugs are too easily concealed. They also recently tried to ban students from wearing the color pink, citing it as a gang symbol. Keep in mind that this is one of Hammond's four PUBLIC high schools. The other schools do not have this ban. What do you think? I'm thinking protests. /edit: should I also mention that when I was in 8th grade, my high school was featured on MTV because it automatically suspended any student with a hair color other than 'natural' (normal redhead, blonde, brunette, or black hair)? sigh. |
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The whole hoodie thing is messed up. I am at college now and even in HS i never wore a coat unless it was REALLY cold. So I always wore a hoodie or sweat shirt. I just wore it all day and took it off if I got warm.
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Actually, in numerous instances the court has decided that schools have a compelling interest in the well being of the students, and that the school itself acts in loco parentis. Just as your parents can infringe upon certain constitutional rights, so can the school. For instance, a few years back there was a case in which a girl had been seen smoking on school grounds. When the administrator went through her purse, they found, besides cigarettes, marijuanna and a list of people she'd been dealing to. Now, had this happened off school grounds, and had the person doing the search been searching for cigarettes only, she could not have been prosecuted for the marijuanna because it wasn't the item that was being searched for. The most famous phrase from Tinker may be that "students rights do not stop at the schoolhouse door", but that doesn't mean that the rights cannot be modified. It's not the school--it's the courts, who have, in decades of case law, given schools the privilege to infringe upon the Constitutional rights of students if "necessary". --Petey |
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Again, the point is that schools have a compelling interest in that. Read up on some case law to see how the courts have interpreted it. Try www.findlaw.com Quote:
--Petey |
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Now they don't find any alcohol, but they find a few bricks of cocaine. They can't prosecute me for the cocaine? The hell they can't |
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We were talking about this the other day in law class, and in last year's Mock Trial competition, this was the crux of the case. They think they smell booze on your breath, and you're acting drunk, and the car smells like alcohol, they can do a plain view search of your car, and even arrest you for driving while intoxicated, but they can't search the rest of your car unless you give them your consent. If they search it anyway, anything they find cannot be used against you in a court of law. If they detain you and wake up a judge to get a warrant signed--unlikely--then they have to specify exactly what they are looking for. If their warrant said they were searching for illegal firearms, and they found cocaine, you could not be prosecuted for the cocaine because it was found in an illegal search. It was not specified in the warrant, and you did not give consent. --Petey |
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Not unless the contraband was in plain view or if you gave your consent to have the car searched. :D Gotta love the vagaries of the law. --Petey |
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I'll just add in a couple anecdotes to this conversation.
First of all, I have a breach of my own for an example. Two years ago, a teacher who I will say is now spending some quality time in an institution, called in a bomb threat to the school. The school called a fire drill, and all 4,000 students and teachers stood outside for 2 hours. When we returned to class to get our backpacks, we found that my teacher's door was unlocked (she had locked it when leaving) and many of our bags had been noticably moved and apparently searched through. In this case, the school did, in fact, search through every students' private property. Searching through the rooms, fine, its their property, but the students', its not. Also, many items of clothing have been barred from my school, including any and all sports jerseys, red/blue shoelaces, red/blue shoes, etc. Now, we are also in Socal, and not the good version you see on TV, and there are many gangs (and a big problem last year concerning large gang brawls) at school, and a gun is found on a student 1-2 times a month. So perhaps some liberties are validly broken, but I am against many of them. |
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I think we agree, we're just saying different things. I was disagreeing with Cory, 'cause he said that an illegal search could result in stuff that would hold up in court. --Petey |
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The girl smoking can not be detained unless they can tell that she isn't 18, which they usually won't do becuase it is really hard to prove and the girl is not required to carry an ID while smoking. So as long as she doesn't look REALLY young, the cops wouldn't usually do anything. And about the legal searches, that includes a search with a warrant. Even if the warrant says that they are looking for something specific, anything they find can be used to prosecute you, even if it wasn't what they were looking for. Other than that fact, I believe we agree. |
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--Petey |
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They had to cover all angles. Someone said a bomb is in the school. You can't just dismiss that. 9 times out of 10 a bomb threat is fake (probably more than that, really), but it doesn't bother me at all if they have to go through people's backpacks to make sure that there is indeed no bomb on the campus. If a bomb went off because some local police force didn't search backpacks, everyone would be screaming bloody murder and demanding that all bags be searched any time there was a threat. Damned if you do, damned if you don't |
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--Petey |
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I must preface this post with a few comments; when I was learning to read I was handed "Common Sense" by Thomas Payne and that my friends is something everyone should read,though not necessarily as a learning to read book. The same person who taught me to read using this pamphlet is a police officer. My high school admin, with the exception of my government teacher, very much disliked me because I knew not only my rights but theirs as well and I pushed the limit everyday staying within my legal rights. I was seen as a tyrant who encouraged the other students and a "distraction to the learning process" a phrase which in our student handbook means a suspendable offense.
I grew up in Va with very southern family members, except my father who is an Ohio native. Carrying a gun in the south is very common, and so is an unloaded gun.You see we have a lock law in Va thats basically states guns must be kept unloaded and with a lock when not in use, while this is one of those unenforced laws it does still exist. Now then,at my high school in Williamsburg,Va there were MANY arguments about these rights violations based on different events. As for the AIM deal, if it is a computer in a classroom it would make sense that it might not be as private as you might like. It is another thing if it is a computer in your room. There are government programs that scan every sent email in the country for certain key words and phrases, ie the words bomb, drugs, president, house, white, you get the idea. While not exactly very high on the ethics side of life it is our "homeland security" at work. So what if I sent an email about the president of my company wanting me to plan a bomb party at his newly painted white house where we drug the old carpeting out to the street... you get the point. I get put on an FBI list and watched more closely. I have done nothing wrong and yet I am being silently persecuted, singled out for no reason. You see where I may have a problem with this? Another issue of searches on school grounds. My high school openly stated that once you enter school property you no longer have any rights. As far as vehicles on school property (including the parking lot), if there is nothing in plain sight from the windows they cannot look in your car, NO MATTER WHAT, without the owner's permission. Basically, students if you are driving a car with your parent's name on the title you DO NOT have permission to grant a search. Lockers and their enclosed articles are subject to search at anytime for any reason. Bottom line don't use it if you don't need it. My school tried to force us to use lockers by banning backpacks and jackets in classrooms. I only signed for school text books my first semester of high school. Often times you can get the exact text book from a library and never have to carry it around school. Leave the checked out book at home and borrow a book in school from a teacher or something to the likes. I carried a writing utensil and a note book only for years. We had a problem of bomb threats one year and so we were forced to walk through metal detectors everyday because of it. When you walk through a metal detector you have to put your bag on the table,therefore making it fair game for search as it is no longer a part of your person. Thus making anything found admissible and detainable. Even if you are 18 cigarettes can be taken away and you can get in trouble for them- just make sure you don't have a lighter too. I would intentionally wear plenty of metal on my belts, shoes, jewelry,etc and refuse to be pat down or searched by a male teacher. No offense but it worked, it got the teachers and admin as aggravated with me as the students were with them. We were also allegedly limited by a dress code which was never strictly enforced. So everyday I would make a VERY detailed list of violators and infractions then personally delivered the list to make sure the admin received copies. They claimed that all the staff didn't have the resources to catch everyone so single me decided to help them out. I mean come on how hard is it for a teacher to look at the students walking in the door to class? As far as the school that suspended students for their hair color-just after that aired on MTV my high school attempted to do the same. So the entire student body, parents approved colored their hair and maintained that we couldn't concentrate on our studies because the color of the teacher's hair was distracting so we either wanted new staff, new hair color, or get rid of the rule. These are only a few of the reasons that the entire staff of my high school stood up and cheered when I accepted my diploma- as I broke graduation ceremony rules about not altering my hat or robe. So what if I folded up the corners of my hat and wrote on it, and ok maybe the robotics pins on a sash across my robe was a little much. But hey, I called it my robotics honor cord. |
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The constitution protects your from the gov't, not necessarily a private institution. And if your school has a student rule book, I would suggest looking in there. Typically, private schools have a set list of rules some of include random locker searches, random computer searches, and other things as such. The program AIM Sniffer is perfectly legal. It is their internet connection, you are just borrowing it in a sense. Plus, if there exists a rule that says they can randomly search your computer/network, they will win. I would really consider going over the rule book and if they don't list that they can randomly have searches, question the administration. Just some thoughts, interesting point though |
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Again, just some thoughts... |
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In the state of CA, I believe you do give up your 4th amendment, but I am not positive. However, in a private school they can search you by virtue of the fact "they are not the gov't," which is what the contstitution protects you from. Plus, they are a private instituion on private property, not public property. Thanks for listening |
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